The URL can be used to link to this page

Home My WebLink About000798 Original Contract City of Port Angeles Record # 000798 2014-1311331 Page 1 of 4 Agreement City Of Port Angeles Clallam County Washington 08/19/2014 03:19,33 PM III KIP. 117AL+74ii f AFTER RECORDING RETURN TO: City of Port Angeles Public Works and Utilities Department P.O.Box 1150 321 E 5th St. Port Angeles,WA 98362 DOCUMENT TITLE: AGREEMENT TO ANNEX GRANTORS: Rodney and Tina Lipman,husband and wife(Owner of subject property) GRANTEE: City of Port Angeles LEGAL DESCRIPTION: Lot 20 in Block 2 of Goddyn's Addition to the City of Port Angeles, Clallam County, Washington,According to plat thereof recorded in Volume 2 of Plats, Page 43, Records of Clallam County, Washington. Together with the East Half of vacated Dale Street adjoining.Also together with the South Half of vacated Second street adjoining. Records of Clallam County, Washington. Situate in County of Clallam, State of Washington. (property more commonly known as 2839 East Highway 101) ASSESSOR'S PARCEL NO. 0530075302600000 AGREEMENT TO ANNEX The CITY OF PORT ANGELES, a municipal corporation of the State of Washington (hereinafter the "City"), and Rodney and Tina Lipman, husband and wife (hereinafter the "Property Owner"), in consideration of the mutual covenants set forth herein, agree as follows: WHEREAS,the Property Owner is the recorded owner of property located within Clallam County, Washington described below; and WHEREAS, it is the desire of the Property Owner that said property be served with sewer from the City and hereby makes application therefore; and 1 WHEREAS, it is appropriate that the Property Owner grant to the City, Property Owner's permission to annex the property when it becomes eligible for annexation into the City. NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES as follows: 1. PURPOSE: The Port Angeles City Council has authorized the extension of City sewer services into the Urban Growth Area, and the Property Owner will be using City sewer service. The approval to use the City's sewer system is subject to conditions, and this Agreement is entered into to describe some of those conditions. 2. PROPERTY SERVED: The property that is the subject of this agreement is described as follows: Lot 20 in Block 2 of Goddyn's Addition to the City of Port Angeles, Clallam County, Washington,According to plat thereof recorded in Volume 2 of Plats, Page 43,Records of Clallam County, Washington.Together with the East Half of vacated Dale Street adjoining.Also together with the South Half of vacated Second Street adjoining. Records of Clallam County, Washington. Situate in County of Clallam, State of Washington, (property more commonly known as 2839 East Highway 101) hereinafter"the Property": The City hereby agrees to provide sewer service to the above described property. 3. AGREEMENT NOT TO PROTEST ANNEXATION: The Property Owner understands that the City contemplates annexing the property served herein. In consideration of the City providing said utility service, the Property Owner hereby grants and conveys to the City a Limited Special Power of Attorney to exercise any and all rights of said Property Owner, its heirs or assigns and any successors in interest to said Property Owner, including any purchasers, mortgage holders, lien holders or other persons who may claim an interest in said property, hereinafter referred to as "Successors in Interest,"to accomplish the following purposes, and no others: (a) To petition the City for annexation of all of the property described above, which petition shall conform to the provisions of paragraph(b) below; and (b) To accomplish all steps necessary or proper for the annexation of said property under RCW 35A.14 and the ordinances and regulations of the City for annexation of property to the City with zoning consistent with the ordinances of the City and with the condition that Property Owner or the owner's Successors in Interest will be required to assume no more than a fair share of the City's bonded indebtedness at the time of annexation; and (c) To sign any and all letters, petition and other documents necessary to accomplish said annexation on behalf of any Successors in Interest as defined above. This Limited Power of Attorney shall be considered a power coupled with an interest and may not be terminated except at such time as the above described property is no longer served by sewer facilities by the City. 2 The Property Owner agrees to sign any and all notices, petitions and other documents consistent herewith requested at any time by the City leading to the annexation of the property to the City. The Property Owner does not waive any applicable right to vote in an annexation election or to participate in any annexation review procedures provided by statute. 4. GOVERNING LAW: This agreement is subject to all statutes and regulations of the United States and the State of Washington and ordinances and policies of the City, relating to the provision of utility service by a municipal provider. If the City resolves to annex the above-described property pursuant to RCW 35A.14,the Property Owner and Successor in Interest covenant not to challenge same by referendum, or other methods. This agreement and Limited Power of Attorney touches and concerns the real property described above and so long as the said property is served by sewer service from the City, shall run with the land, binding the Property Owner, Property Owner's assigns, heirs, transferees, Successors in Interest and all who derive an interest therein. THIS AGREEMENT shall be recorded in the Clallam County Auditor's Office and shall be referenced upon any or other instruments conveying an interest in said property. 4 E E ED this day of - �� ,2014 for the Property Owner(s). Prope wner Property Owner STATE OF WASHINGTON ) ss. COUNTY OF CLALLAM ) On this 1 6 day of , 2014, before me a Notary Public for the State of Washington, duly commissioned and swo n, personally appeared j-4 ,#--, �,� — , to me known to be the individual(s) described in and who executed t9e foregoing instrument, and acknowledged the said instrument to be their/his/her free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that they/he/she/is authorized to execute said instrument. Give`` 44VJ#0tand official seal the day,and year first in this ce ' icate above written. WAR ILI otary Public in and for the State of v residing at r 7 2 (� ,� My commission expires: — i® .® ® °v 5 �° t 4► ® % 0 �° :f i ; +, ®,®r )ATE �o, AGREEMENT TO ANNEX A+1-- EXECUTED this l t day of AMAct 2014 for the City of Port Angeles, a Municipal Corporation, By: Title. + f s , City of Port Angeles STATE OF WASHINGTON) )ss. COUNTY OF CLALLAM ) On this_1Yi day of 2014, before me, a Notary Public for the State of Washington, duly commissioned and swo , personally appeared r�j 1,f� , to me known to be the ��,c �� s E- �i�s +�^ , of the munl pal corporation hat t executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. Given under my hand and official seal the day and year first in this certificate above written. , r P I, A S R Og i Q��.•• ,� �N !.,, Notary Public in and for the St 4e of Washington, residing at Port Angeles. EXP 00412DIS w My commission expires:, - 6 �� STAo . NO WAO;��`, �uuru� Attest: Ja ssa Hurd, City Clerk N:\PWKS\ENGINEER\Wastewater Correspondence\East UGA Sewer Connections\Connecting to EUGA 2014\2839 E Hwy 101 Lipman\2839 Ehwy 101 Annexation Agreement Married Non Coporation Template.doex 4